Many people are aware that aircrafts are equipped with a “black box,” more formally referred to as a Flight Data Recorder (FDR). This device can record crucial flight data, including an aircraft’s engine performance and flight control positions, which once retrieved, can assist investigators in determining how the aircraft’s electrical systems performed and if any attributed to the cause of the aircraft’s accident.

However, many people are not aware that their own vehicle may contain a similar devise that can act like a “Black Box” – an “Event Data Recorder (EDR).” An EDR, commonly referred to as an automotive black box, is an electronic devise installed in a motor vehicle to record technical vehicle and occupant information for a brief period of time, usually second before, during, and after a motor vehicle accident. In most cases, the EDR function is integrated into the air bag control unit and cannot be removed by the vehicle owner. The National Highway Traffic Safety Administration (NHTSA) has been using EDRs for years in controlled studies to help monitor and assess how a vehicle’s safety system performed before, during, and after a motor vehicle accident. For instance, EDRs may record (1) pre-crash vehicle dynamics and system status, (2) driver inputs, (3) vehicle crash signature, (4) restraint usage/deployment status, and (5) post-crash data such as the activation of an automatic collision notification (ACN) system. Some EDRs are capable of recording more detailed data than others. Once this data is retrieved, automobile manufactures can use this vital information to help improve their motor vehicle safety systems. NHTSA estimated that about 64 percent of 2005 model passenger vehicles had the devices. By 2005, General Motors, Ford, Isuzu, Mazda, Mitsubishi, Subaru, and Suzuki were all voluntarily equipping all of their vehicles with EDRs, according to NHTSA.

Although EDRs may assist manufactures in improving their motor vehicle safety systems, such EDRs may greatly impact the outcome of legal settlement negotiations or lawsuits. When a motor vehicle is involved in an accident, the EDR can record several critical sensors installed in different areas of the vehicle. For example, the EDR may record data relevant to: the force of impact, vehicle speed, vehicle acceleration/deceleration rate, braking system, airbag system, and passenger restraint system. The answer to some of these factors can play an important roll in determining who is liable for a motor vehicle accident or if an operator’s actions contributed to the accident, which can either be very helpful or harmful to a litigant’s argument.

Even if your vehicle is not equipped with an EDR, some electronic control units (ECU) build into most vehicles, which are responsible for controlling various electrical systems such as the air bag deployment system, anti-lock braking system (ABS), and passenger restraint system, can function similar to EDRs and store critical data when your vehicle has been involved in an accident. For example, one such devise is the vehicle’s power-train control module (PCM), or onboard computer system, which can indicate if restraint devices (vehicle’s airbag or seatbelt pretensioner) were deployed.

It is important to note that although in most cases the EDR function is integrated into the air bag control unit and cannot be removed by the vehicle owner, the EDR and any data stored within is considered private property and belongs to exclusively vehicle owners. Police, insurers, investigators, opposing counsel and others may gain access to the data with owner consent. HOWEVER, without consent, such entities may obtain subpoena and/or court order for the disclosure of the data contained within the EDR. Several court cases across the U.S. indicate courts have allowed the data stored within EDRs to be admitted into evidence. Specifically in Massachusetts, there are several instances that I know of where state police collision reconstruction reports indicate that a search warrant was obtained to remove and gain access to the information contained within EDRs or similar devices. MOREOVER, insurance agencies and adjusters may be able to gain access to the their policyholders’ EDRs and the information contained therein based on a provision in the policy requiring policyholders to cooperate with the insurer.

One think to keep in mind is that EDRs are not 100% reliable. In some instances, the impact can cause the EDRs to suffer electrical damage. Also, if the vehicle’s ignition was in the “on” position for several minutes after a collision, the EDR may overwrite itself. The information contained within the EDR may also be misleading. For example, as discussed above, one sensor the EDRs record is the vehicles speed sensor. However, this data may not necessarily be the actual speed, or forward velocity, of the vehicle, but the speed at which the tires are spinning. Naturally, if a vehicle hydroplanes over a puddle of water, or hits an ice patch moments before impact, the vehicle’s tires may rotate faster when traveling over such road conditions even though the vehicles forward velocity was actually much slower.

If you have been involved in an accident, regardless of fault, you should contact an attorney BEFORE you speak with any auto insurance company, including your own car insurance company, as the alternative potential consequences can be severe and can last a lifetime. A Boston Personal Injury Attorney at The Jacobs Law, LLC can represent you and advise you throughout your legal matter. You can contact us at 800-652-4783 or ContactUs@TheJacobsLaw.com.

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CREDITS:

• http://www.nhtsa.gov

• National Highway Traffic Safety Administration. 2006. Final regulatory evaluation – event data recorders. Table III-1: Estimate of the number of EDRs in light vehicles with a GVWR of 3,855 kilograms (8,500 pounds) or less. July 2006. p. 111-12. Washington, DC: US Department of Transportation.

• http://www.nhtsa.gov/DOT/NHTSA/Rulemaking/Rules/Associated%20Files/EDR_QAs_11Aug2006.pdf